Case Analysis Of Related Companies Confusing Labor Relations

With regard to the conditions for the identification of the factual labor relations that have not been formed by a written contract,the regulations that our country may be based on at present are the provisions of Article 1 of the "notice on determining the related matters of labor relations" issued by the Ministry of labor and social security(hereinafter referred to as "the" notice ").However,with the increasing number of related companies,especially group companies,the conditions stipulated in the notice are often evaded by the convenience conditions of the employing units.The employer will disperse the factual labor relations identification conditions in the notice,such as A company,B company and C company,which are associated companies,workers accept recruitment in the name of A company,work in B company,and receive payment by C company.In the case of not signing a written contract,there are two cases in practice.The first is that when the worker asks to confirm the labor relations with B company,B company advocates B company’s employment behavior for accepting A company,and the remuneration is also paid by C company by A company,so there is no labor relations between workers and B company.The A company is the actual employing unit;the second is the labor relation that the laborer asks to confirm with the A company,A company maintains that the A company and the laborer do not have the personal attachment,the remuneration is not the A company entrusted to pay,the actual employment unit is B company.In this way,the employer uses the identity of the affiliated company to make use of the identity of the main body of the labor,and puts the blame on each other in the lawsuit,and the situation of procrastination of the lawsuit makes the identification of the factual labor relations more complicated.It not only wastes judicial resources,but also damages workers’ legitimate rights and interests.Therefore,the author thinks that for the determination of factual labor relations,the court should investigate more facts from the perspective of personal attachment.On the one hand,in the case of hearing such cases,the court should pay attention to the examination of the relationship between the companies and the examination of other facts,and should use the interpretation right when necessary.On the other hand,taking into account the relationship between the control and the control of the related company,the worker should give evidence to the worker.After the preliminary evidence of the factual labor relations between the Ming and the employers,the court should avoid thelaborers’ prosecution from the angle of facilitating the workers’ discomfort.When necessary,the workers’ work can be regarded as the management arrangement between the related companies.Under the condition of imperfect law,the author thinks that workers can also make proper adjustments to litigation strategies to reduce the risk of mutual evasion.In addition,in practice,is it possible for workers to learn from the corporate personality denial system in corporate law,to deny the personality of the associated companies so as to allow the associated companies to undertake joint and several liability? According to the theory,the author believes that workers can apply the system of disregard of the company’s personality under the circumstances that the labor claims can not be advocated and the employers escape the legal debt,but it should be consistent with the constitutive requirements of the corporate personality denial system in the company law.In the field of labor law,in order to reduce the burden of proof for workers,in addition to the personality confusion between companies,the author believes that the centralized control of the labor relations can be increased by the related companies,and the independence of the labor management rights is lost between the companies.In addition,due to the fact that the system of personality denial is only in the case of No.fifteenth issued by the Supreme Court,and the country is not a case law country,the author suggests that after perfecting the theoretical basis of the system of disregard of the personality of the affiliated company,the author puts it into the laws and regulations so that the personality denial system of the affiliated company of our country is made.The degree to be reasonable.In order to facilitate the proof,the author also suggests that we should try to take a broad explanation while avoiding the narrow interpretation.